Mohammed Harish @ Mohammed Arish v. State Of Tamilnadu Rep By Inspector Of Police, Dindigul Taluk

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/12/2025 PRESENT The HONOURABLE MRS. JUSTICE S.SRIMATHY Mohammed Harish @ Mohammed Arish ... Petitioner/Accused Vs State of Tamilnadu Rep by Inspector of Police, Dindigul Taluk Police Station, Dindigul District.

Crime No.637 of 2025.. ... Respondent/Complainant For Petitioner : Mr.M.Suresh, For Respondent : Mr.S.S.Manoj, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime no.637 of 2025 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 123 of BNS Act, 2023 and 6(a), 24(1) COTPA Act and 77 of the Juvenile Justice (Care and Protection of Children) Act, 2025 @ 123 of BNS Act, 2023 and 6(a), 24(1) COTPA Act, 2003, in Crime No.637 of 2025 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner sold the Cool Lip to the school going students. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that based on the confession of the co-accused, the petitioner was implicated in this case and also submitted that the petitioner is willing to abide by any conditions that may be imposed by this Court. Hence, he seeks anticipatory bail for the petitioner.

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4. The learned Government Advocate (Crl.Side) submitted that no previous case is pending against the petitioner and also submitted that the petitioner sold the Cool Lip to the school Going students. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. On an earlier occasion, this Court directed the petitioner to appear before this Court today (i.e) on 16.12.2025. As per the direction of this Court, the petitioner appeared before this Court and filed an undertaking letter stating that he will not sell the Cool Lip hereafter.

6. Considering the facts and circumstances of the case and also the fact that no previous case is pending against the petitioner and also considering the undertaking letter filed by the petitioner, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand 3/6

only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate Court No.I, Dindigul, within a period of fifteen days from the date of receipt of a copy of this order and on further conditions that:

[a]the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity; [b] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation.

[c]the petitioner shall not tamper with the evidence or witness either during investigation or trial. [d]the petitioner shall not abscond either during investigation or trial.

[e]On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the 4/6

petitioner is released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

(S S Y J) 16.12.2025 TTA TO 1.Inspector of Police, Dindigul Taluk Police Station, Dindigul District.

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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S.SRIMATHY,J TTA

ORDER

IN CRL OP(MD) No.22549 of 2025 Date : 16/12/2025 6/6